Justices decide when to step aside from cases
Guidelines in spotlight after reports of wife’s texts to Meadows
WASHINGTON – Reports that the wife of Supreme Court Justice Clarence Thomas implored Donald Trump’s White House chief of staff to act to overturn the 2020 election results have put a spotlight on how justices decide whether to step aside from a case.
Individual justices make their own unreviewable calls on a court that lacks a code of ethics. And the issue is not always clear, particularly when spouses also have prominent careers.
While the Supreme Court did not step into any election cases brought by Trump and other Republicans, Justice Thomas took part in the consideration of whether to hear those cases. He also was the lone vote to keep House lawmakers investigating the Jan. 6, 2021, Capitol riot from obtaining contested White House documents.
Thomas did not immediately respond Friday to a request for comment made through the court’s spokeswoman. Earlier in the day the court announced he had been discharged from the hospital after a stay of nearly a week while he was treated for an infection.
Thomas’ wife, Virginia, whom he married in 1987, is a longtime conservative activist who ardently backed Trump’s reelection as president in 2020. In the weeks leading up to the election, Thomas used her Facebook page to amplify unsubstantiated claims of corruption by Joe Biden,
Trump’s opponent.
Once it was over, Thomas sent weeks of text messages imploring White House chief of staff Mark Meadows, furthering Trump’s lies that the free and fair vote was marred by nonexistent fraud, according to copies of the messages obtained by The Washington Post and CBS News.
“The majority knows Biden and the Left is attempting the greatest Heist of our History,” Thomas wrote.
The court, with Clarence Thomas participating, also threw out a challenge from Texas calling on the justices to temporarily set aside electoral votes from four states Biden won – enough votes to potentially undo the outcome. Trump sought to join Texas’ side in the case.
Sen. Ron Wyden, D-oregon, said
Thomas should not take part in any future cases about the Jan. 6 investigation or the 2024 election, should Trump decide to run again.
“Judges are obligated to recuse themselves when their participation in a case would create even the appearance of a conflict of interest. A person with an ounce of commonsense could see that bar is met here,” Wyden said in a statement.
Under federal law, federal judges, including Supreme Court justices, are supposed to recuse themselves when they previously participated in a case or have a financial interest in it or when a close relative is involved. A judge is also supposed to do so “in any proceeding in which his impartiality might reasonably be questioned.” But that’s open to interpretation.